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Articles 1 - 22 of 22
Full-Text Articles in Law
Ethical Algorithms: Navigating Ai In Legal Practice For A Just Jurisprudence, Bree'ara Murphy, Rachel Gadra Rankin, Joseph Rios
Ethical Algorithms: Navigating Ai In Legal Practice For A Just Jurisprudence, Bree'ara Murphy, Rachel Gadra Rankin, Joseph Rios
Law Review Blog Posts
Exploring the professional obligations practitioners may face in light of developing AI technology by examining state and federal model rule language, current judicial treatment of AI, and AI best practices.
Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew
Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew
Faculty Publications By Year
No abstract provided.
Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow
Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow
Faculty Publications By Year
The federal Certificate of Confidentiality plays an important role in research on sensitive topics by authorizing researchers to refuse to disclose identifiable research data in response to subpoenas in any legal setting. However, there is little known about how effective Certificates are in practice. This article draws on our legal and empirical research on this topic to fill this information gap. It includes a description of the purpose of Certificates, their legislative and regulatory history, and a summary of the few reported and unreported cases that have dealt with Certificates. In addition, we outline other statutory confidentiality protections, compare them …
Avoiding Ethical Problems In Social Media, Nicole G. Iannarone
Avoiding Ethical Problems In Social Media, Nicole G. Iannarone
Faculty Publications By Year
No abstract provided.
Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio
Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio
Faculty Publications By Year
Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …
Ethics Consultations And Conflict Engagement In Health Care, Charity Scott
Ethics Consultations And Conflict Engagement In Health Care, Charity Scott
Faculty Publications By Year
This article explores the intersection of two professional fields - bioethics and clinical ethics consultation in health care on one hand, and alternative dispute resolution ("ADR") and conflict management on the other - which until recent years remained relatively unknown to each other. It marries the literatures and lessons of these two fields in order to promote the quality of ethics consultations in hospitals and other health care organizations. * Increasingly, health care ethics committees and consultants acknowledge the need to employ the frameworks, approaches, and tools of good conflict management to do their work effectively. Similarly, conflict specialists and …
What Do Clients Want From Their Lawyers?, Clark D. Cunningham
What Do Clients Want From Their Lawyers?, Clark D. Cunningham
Faculty Publications By Year
This working paper assembles empirical data from England, Australia and the United States indicating that individual clients do not evaluate their lawyers - as attorneys frequently assume - primarily in terms of the outcomes achieved. Rather, clients place greater weight on the quality of communication with their lawyers and are often disappointed by failure to listen carefully and explain clearly. The paper concludes with suggestive survey data that organizational clients may have similar views about the large firm lawyers that represent them. The author is the director of the Effective Lawyer-Client Communication Project and the National Institute for Teaching Ethics …
Message From The Chair, Margaret Butler
Message From The Chair, Margaret Butler
Faculty Publications By Year
No abstract provided.
Resource-Based Learning And Course Design: A Brief Theoretical Overview And Practical Suggestions, Meg Butler
Resource-Based Learning And Course Design: A Brief Theoretical Overview And Practical Suggestions, Meg Butler
Faculty Publications By Year
Law librarians teaching legal research should follow resource based learning pedagogical strategies. This paper provides a background in constructivist educational theory and resource based learning before identifying useful instructional strategies regarding course design decisions related to goal-setting, assignments, rubrics, and assessment.
Message From The Chair, Margaret Butler
Message From The Chair, Margaret Butler
Faculty Publications By Year
No abstract provided.
Midnight In The Garden Of Good Faith: Using Clawback Actions To Harvest The Equitable Roots Of Bankrupt Ponzi Schemes, Jessica D. Gabel
Midnight In The Garden Of Good Faith: Using Clawback Actions To Harvest The Equitable Roots Of Bankrupt Ponzi Schemes, Jessica D. Gabel
Faculty Publications By Year
This paper addresses an increasingly relevant issue in bankruptcy – does it make sense to protect “good faith” investors who have invested (some quite profitably) in a Ponzi scheme from clawback actions by the trustee? This article presents issues of economic equity (equitable payouts to individual creditors vs. equitable distribution among all creditors); bankruptcy policy (retaining antiquated notions of good faith in an ever-evolving financial playground); and judicial inconsistency (disparities in the treatment on Ponzi investors). * In the aftermath of the financial crisis, investors have attempted to pull their money back from the markets, collapsing hundreds of Ponzi schemes …
Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss
Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss
Faculty Publications By Year
No abstract provided.
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Faculty Publications By Year
The academic and political debate over judicial activism has been based on the overriding but patently false assumption that the Supreme Court’s performance can be measured by examining the results that it reaches in constitutional cases. When scholars and politicians equate judicial activism with judicial invalidation of the works of the political branches or the reversal of precedent, however, these commentators don’t reveal anything different than would a pure descriptive account of the Court’s decision and rationale. Moreover, the judicial activism debate is unhelpful because the ambiguous sources of constitutional interpretation cannot privilege fundamental baselines or generate consensus over correct …
Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham
Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler
Aall Special Interest Section Recommended Reading Lists: Social Responsibilities Sis, Camille Broussard, Meg Butler
Faculty Publications By Year
No abstract provided.
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Faculty Publications By Year
The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …
Familiar Battles For Bioethics: Facing Off Over Transplantation, Paul A. Lombardo
Familiar Battles For Bioethics: Facing Off Over Transplantation, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham
The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
E-Development: Should Librarians Expand Their Online Learning Opportunities?, Kristina L. Niedringhaus
E-Development: Should Librarians Expand Their Online Learning Opportunities?, Kristina L. Niedringhaus
Faculty Publications By Year
No abstract provided.
But What Is Their Story?, Clark D. Cunningham
But What Is Their Story?, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham
Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
Professional Responsibility, Clark D. Cunningham
Professional Responsibility, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.